Messaging / Communications Compliance Addendum

This Messaging / Communications Compliance Addendum (“Messaging Addendum”) applies whenever Customer uses any communication feature made available through the Services, including SMS, MMS, email, WhatsApp, Instagram, Facebook / Messenger, website chat, web lead follow-up, outbound campaigns, inbox replies, automated sequences, templates, or other similar channels (collectively, “Messaging Features”). This Messaging Addendum is incorporated into and forms part of the Terms of Service.

Customer is solely responsible for all communications initiated, scheduled, approved, uploaded, configured, or sent through the Messaging Features, whether sent manually or through automations, sequences, reminders, workflows, templates, drip campaigns, or staff replies. Customer, not Dealers Engine, is the sender of record and the party responsible for recipient relationships, campaign goals, legal basis, content approvals, disclosures, and retention decisions.

Before sending any communication through the Messaging Features, Customer must have all rights, consents, authorizations, and lawful bases required by applicable law, industry rules, carrier rules, and platform policies. Customer must maintain records sufficient to demonstrate consent or other legal basis where required.

Customer is solely responsible for determining whether a communication is transactional, informational, marketing, promotional, servicing-related, or otherwise regulated, and for applying the correct compliance standard to that communication.

Customer must comply with all applicable laws and all policies, terms, technical rules, and eligibility requirements imposed by channel providers, carriers, networks, platforms, inbox providers, and integration partners. This includes without limitation rules relating to message content, template approval, quality ratings, business verification, sending windows, throughput, display names, sender identity, opt-out handling, webhook requirements, approved use cases, and account quality controls.

Dealers Engine may enforce, adopt, or pass through any such provider rules within the Services and may reject, queue, throttle, or block messages where reasonably necessary.

Without limiting the generality of the foregoing:

• SMS / MMS: Customer must comply with TCPA, CTIA guidance, carrier registration requirements, campaign registration rules, and applicable state telemarketing and mini-TCPA laws.
• Email: Customer must comply with CAN-SPAM and all applicable anti-spam and commercial email laws, including truthful headers, accurate subject lines, required sender identification, and unsubscribe handling.
• WhatsApp and similar platform messaging: Customer must comply with all Meta / channel policies, including business verification, message-window requirements, template requirements, approved use cases, and content restrictions. Messages outside an open service window may require approved templates or may be blocked entirely.
• Social / DM channels: Customer must comply with platform permissions, messaging restrictions, response windows, user controls, and platform-specific content limitations.
• Website chat and web lead responses: Customer must ensure that form disclosures, contact-consent language, and lead-routing workflows are lawful and accurate.

Customer must not use the Messaging Features to:

• send communications without the required prior consent or authorization;
• contact individuals who have opted out, revoked consent, blocked Customer, or otherwise requested no further contact;
• send deceptive, abusive, harassing, discriminatory, threatening, defamatory, obscene, or unlawful content;
• send messages relating to prohibited goods, unlawful financing claims, fraudulent offers, or misleading credit terms;
• use misleading sender names, masked identity, spoofed numbers, or deceptive reply paths;
• use purchased, rented, scraped, or inferred contact lists without lawful authority;
• attempt to bypass messaging windows, template restrictions, business verification requirements, account quality rules, or provider controls; or
• use the Messaging Features for emergency alerts or other high-risk notices where message delay or non-delivery could create material harm.

Customer must promptly honor stop, unsubscribe, opt-out, revoke-consent, block, and communication-preference requests. Customer must configure and operate its workflows so that recipients who opt out are not re-contacted through the same channel except as allowed by law. Customer is responsible for maintaining accurate suppression lists and preference records, even if the Services provide tooling to help manage such requests.

Customer is solely responsible for message copy, templates, automations, attachments, links, disclosures, call recordings, transcripts, escalation paths, and any claims made in communications sent through the Messaging Features. Customer must ensure that communications about pricing, financing, availability, incentives, trade-ins, warranties, insurance products, and customer data requests comply with applicable law and accurately reflect Customer's actual business practices.

Dealers Engine does not guarantee message delivery, throughput, inbox placement, template approval, account quality, channel uptime, provider approval, or continued availability of any Messaging Feature. Communications may be delayed, filtered, blocked, rate-limited, rejected, or suspended by Dealers Engine, a carrier, a platform provider, or any other third party for legal, operational, security, fraud-prevention, quality, or policy reasons.

Customer acknowledges that communications metadata, message content, event logs, delivery statuses, webhook payloads, user actions, and related records may be stored or processed within the Services to provide inbox history, workflow execution, delivery tracking, support, troubleshooting, abuse prevention, audit logging, and service improvement.

Customer is responsible for any notice or consent required to record, retain, review, or disclose communication content or metadata to its staff, contractors, customers, prospects, or regulators. See also our Privacy Policy.

Dealers Engine may suspend or limit Messaging Features, specific senders, templates, workflows, channel accounts, numbers, business profiles, API access, or related features if Dealers Engine reasonably believes Customer's use is unlawful, abusive, likely to trigger provider enforcement, likely to create security or reputational harm, or inconsistent with this Messaging Addendum, the Terms of Service, or provider requirements.

Customer will defend, indemnify, and hold harmless Dealers Engine and its affiliates, officers, directors, employees, contractors, and agents from and against any third-party claims, investigations, fines, penalties, losses, costs, or expenses arising out of or relating to Customer's communications, content, consent practices, suppression practices, template usage, channel onboarding information, or violation of this Messaging Addendum or applicable law.

If there is a conflict between this Messaging Addendum and the Terms of Service, this Messaging Addendum controls with respect to Messaging Features. If a provider's mandatory channel rule requires stricter conduct, Customer must comply with the stricter rule.